James Runzheimer, AttorneyJames Runzheimer, Attorney2026-10-09T22:55:10Zhttps://www.runzheimerlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1603816/2020/05/apple-touch-icon-75x75.pngOn Behalf of James Runzheimer, Attorney<![CDATA[Building a compliant hiring process for new Texas businesses]]>https://www.runzheimerlaw.com/?p=468512026-10-09T22:55:10Z2026-10-09T22:55:10ZFor a new business owner, creating a hiring process is one of the most intimidating parts of forming a company. There are many rules and laws to navigate and getting things wrong can introduce legal complications.
Most new business operators need a path that helps them choose the right people while staying within the rules. The right knowledge combined with strong legal support can help you create a hiring process that meets Texas and federal laws.
Rules for interviews
Interviews should focus on job‑related matters while avoiding topics tied to protected traits under federal law such as age, race, national origin, disability, religion and sex. Generally, employers may ask whether an applicant can perform specific duties with or without reasonable accommodation.These guidelines help keep the interview on track and legal:
Keep questions tied to essential job functions
Avoid inquiries about protected traits
Ask about relevant experience and required skills
Confirm availability for required work hours
Focusing on these points facilitates a consistent and lawful interview structure.
Anti‑discrimination laws
Employers must follow federal rules enforced by the Equal Employment Opportunity Commission to avoid discrimination in the hiring process. At the same time, they must also comply with the Texas Labor Code, which mirrors federal protections for hiring decisions. One way to help ensure compliance and prevent discrimination is to apply the same criteria to every applicant and document how decisions are made.
Background‑check limitations
Businesses may perform background checks, but they must follow the federal Fair Credit Reporting Act. Employers must provide required notices before obtaining a consumer report and follow adverse‑action steps if the report influences a hiring decision. Background checks should relate directly to job duties to avoid unnecessary screening.A compliant hiring process gives Texas small businesses a reliable structure for evaluating applicants and meeting legal requirements.]]>On Behalf of James Runzheimer, Attorney<![CDATA[Can zoning change after you purchase development property?]]>https://www.runzheimerlaw.com/?p=468452026-09-29T02:23:15Z2026-09-29T02:23:15ZBuying property for a specific development does not necessarily guarantee that the zoning rules will remain the same forever – or even until the project is complete.
Texas cities have authority to adopt and amend zoning regulations, which means a developer who purchases land may potentially face a zoning change that affects what can be built there.
When development rights may become vested
That does not mean a city can always apply new land-use rules to a project that is already underway. Texas has what are commonly known as vested rights protections. Under Chapter 245 of the Texas Local Government Code, a regulatory agency generally considers a permit application based on the regulations and other requirements that were in effect when the original application for the project was filed.This can become important when a development requires multiple permits or approvals over several years. Once rights have vested, later changes to certain development regulations may not necessarily apply to the project.But simply purchasing land usually is not enough to secure those protections. A developer who buys property based on its current zoning but has not yet taken the necessary steps in the approval process may be more vulnerable if the city changes its regulations.There are also exceptions to vested rights protections. Certain regulations involving matters such as public safety, building codes and other areas identified by Texas law may still apply even after a project has begun.
Due diligence can help identify zoning risks
Because purchasing the property and securing development rights are not the same thing, zoning due diligence can be particularly important before closing on land intended for development.A buyer may want to investigate the property's current zoning, permitted uses, development restrictions and any pending zoning changes. Understanding when development rights become protected under Texas law can help property owners determine whether new regulations apply to their project and what options may be available if a city changes the rules.
]]>On Behalf of James Runzheimer, Attorney<![CDATA[3 key tasks for an estate administrator]]>https://www.runzheimerlaw.com/?p=468402026-09-13T01:50:16Z2026-09-13T01:50:16ZAn estate administrator takes on a very significant role after someone passes away. As that person’s estate goes through probate, the estate administrator (or “estate executor”) will facilitate this process. Exactly what steps the estate administrator needs to take will depend on the unique details of the deceased’s estate plan. However, to understand the importance of this role, let’s take a quick look at three of the key tasks they will likely be responsible for.
1. Get copies of the official death certificate
First of all, they will need to get an official death certificate. This can be very useful. For instance, they may need to access a person’s financial accounts. They are authorized to do so by the estate plan when that person passes away, and the death certificate can be used to demonstrate that they should be granted access.
2. File the will and start probate
Next, the probate process only starts when the estate plan is filed with the probate court. In order to get things moving forward, the estate executor is responsible for doing so. At this time, they will gather together all of the documentation and review the estate plan, perhaps inventorying assets to ensure that everything is accounted for.
3. Communicate with beneficiaries and creditors
Finally, the estate executor will communicate with beneficiaries and distribute a copy of the estate plan. In many cases, a person who passes away still has some remaining debt, such as property taxes or credit card bills. As such, the executor can also work with creditors to settle these accounts.These are just a few of the important steps the estate executor needs to take. It is important for family members and beneficiaries to know all about the legal process while going through probate.
]]>On Behalf of James Runzheimer, Attorney<![CDATA[Contracts: What is scope of work?]]>https://www.runzheimerlaw.com/?p=468382026-09-05T13:38:51Z2026-09-05T13:38:51ZTexas business law, these details may become particularly important if disagreements develop as a project evolves.
What does a scope of work include?
The contents depend on the project, but the scope should describe the work with enough detail for both parties to understand what must be completed. This may include specific tasks, expected deliverables, project milestones, deadlines and responsibilities. The scope can also establish how completed work will be reviewed and accepted. Defining these expectations makes it easier to determine whether each party has fulfilled its contractual obligations.
Why are project boundaries important?
A project can gradually expand when additional tasks are requested after work begins. Without clear boundaries, the parties may disagree about whether those tasks were included in the original price and timeline. A scope of work can address this problem by identifying what is included and what falls outside the agreement. It may also explain how the parties must approve changes before additional work begins.
How does the scope affect payment?
Payment obligations are often connected to the work described in the contract. For example, payment may become due when a particular deliverable is completed, approved or reaches an agreed milestone. Clearly connecting payment requirements to measurable work can reduce confusion about when compensation is owed and whether contractual requirements have been satisfied.
What happens when the scope is unclear?
Unclear wording can contribute to contract disputes. One party might believe additional services were included while the other considers them separate work. Similar disagreements can arise over deadlines, quality standards and whether a deliverable is complete. Written terms, documented changes and clear acceptance requirements can provide useful evidence when determining what the parties originally agreed to do.
The scope of work can affect both project management and contractual rights. If unclear terms, unexpected work or payment disagreements are creating problems, consider seeking legal guidance to understand how the protections afforded by contract law may apply to your situation.]]>On Behalf of James Runzheimer, Attorney<![CDATA[Can a personal representative back out of estate administration?]]>https://www.runzheimerlaw.com/?p=468372026-08-16T01:05:12Z2026-08-16T01:05:12Zlegal professional proficient in estate administration can help prepare necessary filings and arrange an orderly transfer of responsibility.
How can an appointed representative resign?
A personal representative who has already qualified cannot abandon the estate informally. The representative must file a written resignation application with the court clerk. The filing must be accompanied by a complete, verified exhibit and final account showing the estate’s condition.
The accounting should identify the property received, money spent and claims addressed during the representative’s service. It must also disclose the assets that remain under the representative’s control.
The probate court may schedule a hearing, examine the accounting and consider any objections. If the account is satisfactory, the court can direct the resigning representative to deliver the remaining property to the appropriate successor or other legally entitled person.
When immediate action is necessary, the court may accept the resignation and appoint a successor before completing the accounting process. However, the former representative and any sureties generally remain responsible until the court approves the final account and issues a discharge.
Why is it risky to simply walk away?
Until the court approves the resignation, the original appointment remains effective. Ignoring ongoing responsibilities can lead to missed creditor notices, unpaid expenses or losses involving estate property. The representative could face removal and claims for breach of fiduciary duty.
Anyone who no longer wishes to serve should act before problems develop. Seeking legal assistance can help an representative prepare an accurate accounting, obtain court approval and transfer the estate without inspiring unnecessary disputes.]]>On Behalf of James Runzheimer, Attorney<![CDATA[What are the 3 types of breach of contract?]]>https://www.runzheimerlaw.com/?p=468362026-08-03T20:10:00Z2026-08-03T20:09:59ZContracts help define the rights and responsibilities of everyone involved in a business or personal transaction. When one party fails to meet those obligations, the agreement may be breached, creating financial and legal consequences.
Not every breach has the same impact. Some violations are minor, while others are serious enough to justify ending the agreement or seeking compensation. Understanding the different types of contract breaches can help you recognize how a dispute may be handled.
Material breach
A material breach is the most serious type of contract violation. It occurs when one party fails to perform an essential obligation, preventing the other party from receiving the primary benefit of the agreement.For example, if you purchase specialized equipment for your business but receive a completely different product, the contract's main purpose has not been fulfilled. A material breach may allow the non-breaching party to terminate the agreement and pursue damages.
Anticipatory breach
An anticipatory breach happens before performance is due. One party clearly communicates through words or conduct that they will not fulfill their contractual obligations.Because the intention not to perform is made clear in advance, the other party may not have to wait until the deadline passes before taking steps to protect their interests. This can help reduce additional financial losses.
Minor breach
A minor breach involves a less significant failure to meet the contract terms. The essential purpose of the agreement is still achieved, but part of the promised performance is incomplete or defective.For instance, a supplier may deliver the correct product but fail to include an agreed feature or accessory. In many situations, the contract remains enforceable, although the affected party may seek compensation for the limited loss caused by the breach.The appropriate remedy for a contract dispute depends on the specific facts, the contract language and the effect the breach had on the agreement. A careful review of the circumstances is often necessary before deciding how to proceed.Whether you are enforcing an agreement or responding to a claim, understanding contract law in Texas can help you evaluate your options. If you are involved in a dispute involving the types of contract breaches, seek legal guidance to understand your rights and the remedies that may be available.]]>On Behalf of James Runzheimer, Attorney<![CDATA[What is an unconscionable contract?]]>https://www.runzheimerlaw.com/?p=468352026-07-18T21:49:34Z2026-07-18T21:49:34ZUnconscionable contracts are imbalanced
An unconscionable contract provides far more protection and benefit for one party as opposed to the other. In some cases, contracts are unconscionable due to the terms that they include.
Particularly in scenarios where contracts focus solely on the protection of an employer, the courts may agree that the document is unconscionable because it unfairly prioritizes one party over the other. Other times, the negotiation process leading to the contract signing could lead to claims that the agreement is unconscionable.
If one party coerced or threatened the other into signing, especially if there is a significant imbalance of authority between the two parties, then the courts may agree that the contract is unconscionable and that invalidating it is an appropriate legal remedy.
Reviewing the terms of an agreement, and the circumstances leading to its signing, with a professional can help work determine if they are in a position to challenge a contract they’ve signed. Lawyers can provide valuable insight into the legal obligations created by contracts and strategies for ending them early.
]]>On Behalf of James Runzheimer, Attorney<![CDATA[What is the process of changing a registered agent in Texas?]]>https://www.runzheimerlaw.com/?p=468342026-07-14T16:14:15Z2026-07-14T16:14:15ZEvery Texas business is required to maintain a registered agent to receive important legal and government documents. This role helps ensure that official notices, service of process and state correspondence reach your business promptly.
As your company grows, you may decide to appoint a different registered agent. Whether you want greater privacy, improved reliability or a professional service, understanding the process of changing a registered agent can help you remain compliant with Texas business formation law.
Choose a qualified replacement
Before making any changes, select a new registered agent who satisfies Texas requirements. The new agent must have a physical address in Texas and be available during normal business hours to receive official documents on behalf of your business. Many business owners choose a professional registered agent service, while others appoint an individual who meets the legal qualifications.
Obtain the new agent's consent
A registered agent cannot be appointed without agreeing to serve in that role. Before filing any paperwork, confirm that the new agent has accepted the appointment. This step is important because Texas requires the designated registered agent to consent to receiving legal and official communications for the business.
File the required change with the state
Changing a registered agent requires submitting the appropriate form to the Texas Secretary of State. The filing identifies your business, provides the information for the new registered agent and updates the official state records. Businesses should carefully review the information before submitting the filing to avoid unnecessary delays or corrections.
Wait until the change becomes effective
After the filing is submitted and accepted, the new registered agent officially becomes responsible for receiving legal notices and government correspondence for the business. Until that time, the current registered agent generally remains the official contact listed with the state.Keeping your registered agent information current helps prevent missed deadlines, legal notices or other important communications. As part of Texas business formation law, changing a registered agent is a straightforward process when completed correctly. Whether you are appointing a professional service or another qualified individual, following each required step helps your business remain in good standing. If you have questions about changing a registered agent or other business compliance matters, seek legal guidance before filing your documents.]]>On Behalf of James Runzheimer, Attorney<![CDATA[Does a variance change the zone?]]>https://www.runzheimerlaw.com/?p=468322026-06-29T14:41:27Z2026-06-29T14:41:27ZWhen it comes to real estate, a variance can help a property owner get around zoning regulations. An example could be if a business owner purchases a property that is zoned for residential use, but they want to open a commercial location. Even though it is not in a commercial zone, a variance may give them the ability to operate the business anyway.
We recently discussed when variances are typically approved. They are often used if the lack of a variance creates an undue hardship, for example. The government will also consider whether there would be a detrimental impact on neighboring properties. If there is not, the variance is more likely to be approved.
The zone stays the same
But even when these conditions are met and a variance is issued, that does not actually change the zoning at all. The hypothetical property noted above is still a residential property. The owner has just been given a variance to allow them to begin commercial operations.This is an important distinction to make. For one thing, if that person buys another property in the same area, they should not automatically assume that commercial operations will be allowed. The same is true for other potential owners. If someone else buys a neighboring property, they may want to open their own business, but they would need to get their own variance in order to be legally permitted to do so.A variance is not guaranteed, and every case is unique, but it can be a useful tool when purchasing or developing real estate. Property owners need to understand exactly what steps to take and what legal options they have.
]]>On Behalf of James Runzheimer, Attorney<![CDATA[Why is a dose of pessimism crucial when starting a business?]]>https://www.runzheimerlaw.com/?p=468312026-06-18T15:09:06Z2026-06-18T15:09:06ZStarting a business and driving it forward takes a huge amount of energy. A prospective business owner who lacks a positive mindset is unlikely to get very far. That being said, entrepreneurs need to maintain a balanced view, as pure positivity could prove problematic.Assuming everything is going to work out or focusing only on the positives in a situation could leave you unprepared for the harsh realities of life as a business owner.
Most businesses will encounter problems
Most businesses do not have a smooth journey. Understanding this from the outset allows you to put measures in place to plan for when things don’t go the way you hoped. One example is if you start with a partner. One report found that 70% of business partnerships fail within the first five years. A good partnership contract should lay out how disputes will be dealt with, such as specifying that mediation must be tried before any attempt at litigation. It might also make clear how the price will be determined if one partner is to buy out the other.Another report from 2024 found that 40% of small businesses had been sued by an employee in the previous year. Having a plan in place for such situations can prevent them from escalating unnecessarily. For example, providing clear channels for employees to raise complaints. Disputes or emergencies can also put you in the public eye, so determining who will take charge of communication in such situations is essential. Finally, it is always wise to consider that you, as a business owner, may unexpectedly be forced to step back from operations. Putting a succession plan in place early on can help the business continue despite this.Learning more about how to plan for events you hope won’t occur is an important step when starting a new business. Legal guidance can make that easier. ]]>